Sexual Offences Act

 

Consent

Sexual Offences Act 2003 s74

A person consents if he agrees by choice, and has the freedom and capacity to make that choice.

A person is considered to have NOT consented if any of the following conditions apply (Sexual Offences Act 2003 s75):

The circumstances are that –

Any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;

Any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;

The complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;

The complainant was asleep or otherwise unconscious at the time of the relevant act;

Because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;

A person had administered to or caused to be taken by the complainant, without the complainant’s consent, a  substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

 

Voyeurism

Sexual Offences Act 2003 s67

(1) A person commits an offence if-

For the purpose of obtaining sexual gratification, he observes another person doing a private act, AND

He knows that the other person does not consent to being observed for his sexual gratification.


(2) A person commits an offence if –

He operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, AND

He knows that B does not consent to his operating equipment with that intention.

 

(3) A person commits an offence if –

He records another person (B) doing a private act,

He does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, AND

He knows that B does not consent to his recording the act with that intention.

 

(4) A person commits an offence if he installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

Points to Prove:

Observing s67(1)

Operating Equipment to Observe s67(2)

Recording a private act s67(3)

Install equipment/construct/adapt a structure s67(4)

Sentence:

 

Indecent Exposure

Sexual Offences Act 2003 s66

A person commits an offence if he intentionally exposes his genitals, AND he intends that someone will see them and be caused alarm or distress.

Points to Prove:

Sentence:

 

Outraging Public Decency

Common Law

It is an offence to commit an act of a lewd, obscene, and disgusting nature, which is capable of outraging public decency, in a public place where at least two members of the public could have witnessed it.

Sentence:

 

Sexual Assault

Sexual Offences Act 2003 s3

A person (A) commits an offence if he intentionally touches another person (B), the touching is sexual, B does not consent to the touching, AND A does not reasonably  believe that B consents.

Points to Prove:

Sentence:

 

Assault by Penetration

Sexual Offences Act 2003 s 2

A person (A) commits an offence if he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents

Points to Prove:

Sentence:

 

Rape

Sexual Offences Act 2003 s1

A person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration AND A does not does not reasonable believe that B consents

Points to Prove:

Sentence: